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(e) the occurrence of any act or omission of Borrower that results in waste <br /> to or of the Project or the Property and which has a material adverse effect on the <br /> value of the Project or the Property; <br /> (I) the material misapplication of the Loan proceeds; <br /> (g) the removal or disposal of any personal property or fixtures or the <br /> retention of rents, insurance proceeds, or condemnation awards in violation of the <br /> Deed of Trust; <br /> (h) the material misapplication of the proceeds of any insurance policy or <br /> award resulting from condemnation or the exercise of the power of eminent <br /> domain or by reason of damage, loss or destruction to any portion of the Project <br /> or the Property; and <br /> (i)the failure of Borrower to pay all amounts payable under this Note in <br /> full if Borrower Transfers the Property in violation of the Loan Agreement or the <br /> Regulatory Agreement. <br /> IN WITNESS WHEREOF, Borrower has executed this Note as of the date first written above. <br /> BORROWER: <br /> KOTTINGER GARDENS PHASE I ASSOCIATES, L.P., a California limited partnership <br /> By: Kottinger Gardens Phase I LLC, a California limited liability company <br /> Its: General Partner <br /> By: MP Preservation, Inc., a California nonprofit public benefit corporation, its sole <br /> member/manager <br /> By: <br /> Jan Lindenthal, Assistant Secretary <br /> OAK 44829-4624-9261 v2 I0 <br />